Consultation seeks views on proposed reforms to criminal legal aid advocate fees in Crown Court cases
The Ministry of Justice has launched a public consultation on proposed reforms to the Advocates’ Graduated Fee Scheme (AGFS), setting out plans to change how criminal legal aid advocates are paid for work carried out in the Crown Court in England and Wales. The consultation opened on 15 July 2026 and will run until 26 August 2026.
The AGFS remunerates barristers and solicitor advocates undertaking publicly funded criminal advocacy in the Crown Court. According to the consultation, the government is seeking views on proposals designed to support the sustainability of the criminal advocate sector, reflect the changing nature of criminal advocacy and align with wider reforms to the criminal courts.
The consultation follows the government’s commitment to provide up to £34 million a year, including VAT, in additional funding for criminal legal aid advocates once the reforms are fully implemented. The Ministry of Justice is consulting on how that funding should be allocated through the AGFS.
The proposed package includes a 6% increase to AGFS fees, excluding Daily Attendance Fees, excluding daily attendance fees, alongside changes to the ratio between guilty plea and trial basic fees. It also proposes targeted increases to basic fees for specific offences and higher payments for key stages of proceedings, including Plea and Trial Preparation Hearings and committal for sentence hearings. The consultation states that these measures are intended to better reflect the complexity, skill and preparation involved in criminal advocacy.
In her foreword, Sarah Sackman KC MP, Minister of State for Courts, said legal aid is fundamental to the rule of law and the effective functioning of the justice system. She stated that the proposals are intended to ensure advocates are better rewarded for their work while supporting the resilience of the criminal Bar and the efficient progression of cases.
The consultation explains that its proposals build on recommendations made by Sir Brian Leveson’s Independent Review of the Criminal Courts and the earlier Criminal Legal Aid Independent Review, chaired by Sir Christopher Bellamy KC. The Ministry of Justice says the proposals have also been informed by engagement with defence advocates.
Alongside the consultation, the Ministry notes that some funding has already been allocated through separate expedited measures. Those changes include extending eligibility for additional preparation fees to guilty plea cases, increasing the additional preparation fee and reducing the minimum trial length required for wasted preparation fee claims from five days to two. Those measures are being implemented separately and are not part of the consultation.
The consultation also outlines preliminary work on potential reforms to remuneration for Very High Cost Cases. The Ministry of Justice says any detailed changes to that scheme would be the subject of a separate consultation at a later stage. Once the consultation closes, the government will consider responses before publishing its formal response and confirming any final reforms.